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Sexual Harassment at Work in California
Understanding Your Rights: Sexual Harassment in the California Workplace
Sexual harassment at work is a painful reality for many, but it’s something no one should have to endure. California’s employment laws are designed to protect workers and hold employers accountable for misconduct. However, even with these protections, understanding your rights can be challenging.
This guide is here to help, whether you've experienced harassment yourself or you're an employer looking to create a safer workplace. We’ll explain the key aspects of California's sexual harassment laws and provide the information you need to protect yourself.
What Does Sexual Harassment Look Like?
Sexual harassment is often more than just inappropriate touching or physical advances; it can also include unwelcome comments, jokes, or gestures of a sexual nature. In California, two primary types of sexual harassment are recognized:
Quid Pro Quo: When someone in a position of power (like a supervisor) demands sexual favors in exchange for work-related benefits such as a promotion or keeping your job. For example, if a boss suggests that a promotion depends on going on a date, it’s considered quid pro quo harassment.
Hostile Work Environment: This form of harassment occurs when unwelcome behaviors (sexual jokes, inappropriate comments, gestures, or emails) create an intimidating or offensive work atmosphere. It doesn’t require physical contact and can come from anyone in the workplace, not just a superior.
California’s Strong Protections Against Sexual Harassment
California has some of the most robust laws in the country to protect employees from sexual harassment. Under the Fair Employment and Housing Act (FEHA), any employer with five or more employees is subject to these rules. Key protections include:
Employer Liability for Supervisors: Employers can be held liable for harassment by supervisors, even if they weren't initially aware of the misconduct. This holds employers accountable for the actions of their management teams.
Harassment by Non-Employees: Harassment by clients, vendors, or contractors is also prohibited under California law, and employers must address such situations if reported.
Mandatory Sexual Harassment Training: Employers with five or more employees are required to provide harassment prevention training every two years—two hours for supervisors and one hour for non-supervisory employees.
Steps to Take if You’re Facing Sexual Harassment
If you're dealing with harassment at work, here’s how to protect yourself:
Document Everything: Keep detailed records of incidents, including dates, what was said or done, and any witnesses. Save inappropriate emails, texts, or other communications.
Report the Harassment: Follow your company’s reporting procedures. If your supervisor is the one harassing you, report it to HR or a higher-level manager.
File a Complaint with the CRD: If your employer doesn’t address your complaint or the harassment continues, you can file a complaint with the California Civil Rights Department (CRD) for further investigation.
Seek Legal Advice: Consulting with an employment attorney can help you understand your rights and explore legal options for resolving the issue.
Employer Responsibilities
California law requires employers to take proactive measures in preventing and addressing sexual harassment. These include:
Written Anti-Harassment Policy: Employers must provide a clear policy explaining what constitutes harassment, how to report it, and how complaints will be handled.
Prompt Investigation: Employers are obligated to investigate harassment complaints thoroughly and promptly and take steps to stop further misconduct.
No Retaliation: Employees are protected from retaliation after reporting harassment. Employers cannot demote, fire, or penalize employees for making a complaint.
Final Thoughts
Sexual harassment can have lasting personal and professional impacts, but California’s laws offer strong protections. If you’re dealing with harassment, knowing your rights is essential for taking the right steps. And for employers, fostering a safe and respectful work environment not only protects employees but also shields your business from legal risks.
Need assistance navigating the legal process or understanding your rights? Contact our office today. We’re here to provide guidance and ensure justice is served.
DISCLAIMER
Ally Law Group is committed to handling Employment and Personal Injury cases. Brandon Yousif is admitted to represent clients in the 9th Circuit Court of Appeals and is authorized to practice state law only in California and Michigan. He is not licensed to practice law in any other jurisdictions and cannot provide legal services outside of California or Michigan. The team at Ally Law Group consists of attorneys who are familiar with and understand the intricacies of state law in California and Michigan, ensuring that clients receive knowledgeable and competent representation within these jurisdictions.
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